b1 b2 to h1 b

02-11-2007, 11:32 AM

I have a query . I currently hold a 10 year multi entry B1 B2 visa . On my last business visit to the US I found an employer who has offered me a job and an H1B VISA . I am in my native country currently and my employer has advised me to arrive in US first week april on my current b 1/b2 and then apply for an AOS once I am here . He plans filing the H1 B petition for me in 2nd week april . But I can see in some of your replies that one should have been in US for atleast 2 months before applying for an AOS . I am currently in another assignment and cannot travel before 15th march .
Would the quota be exhausted by say 15th may ?
can my employer file petition a couple of weeks or a month later when I arrive (as he plans ) ?
I also have a multi entry canadian tourist visa . can I opt for change of staus and visa to be issued abroad (in canada ) ?

I have a query . I currently hold a 10 year multi entry B1 B2 visa . On my last business visit to the US I found an employer who has offered me a job and an H1B VISA . I am in my native country currently and my employer has advised me to arrive in US first week april on my current b 1/b2 and then apply for an AOS once I am here . He plans filing the H1 B petition for me in 2nd week april . But I can see in some of your replies that one should have been in US for atleast 2 months before applying for an AOS . I am currently in another assignment and cannot travel before 15th march .
Would the quota be exhausted by say 15th may ?
can my employer file petition a couple of weeks or a month later when I arrive (as he plans ) ?
I also have a multi entry canadian tourist visa . can I opt for change of staus and visa to be issued abroad (in canada ) ?

please help . looking forward to ur reply

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Or, consider the much more intelligent approach of not anxiously getting back here at once, and subjecting yourself to the creepy balancing act haunted by fear as to when the best month to do so will be and you being caught up between the "60-day rule from arrival" and the reaching of the "65,000 H-1B visa 2007-2008 annual cap."

During the last fiscal year 06-07, the cap lasted only from 04/01/06 to 05/26/06!

Moreover, consider this: supposing you luckily "hit" the "correct" arrival date a few months down the road, your I-94 should be valid at least till 10/01/07 (you do the math) for you to be allowed to stay continuously, because that's the official starting date of your would-be H-1B status. Should there be a gap, you'll have to "consular process" your petition approval - back to your country of origin.

The bottom line: you request your US employer to file your H-1B petition while you're outside the US... no nonimmigrant stay will be tolled on you and what you'll get is a passport-stamped visa not a change of status from B1/B2 to H-1B.

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<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Should there be a gap, you'll have to "consular process" your petition approval - back to your country of origin. </div></BLOCKQUOTE>

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Highly discretionary, yes (e.g. US/Mexico border) - "aneri: I hear people are no longer able to get a visa in a third country" - disagree. Filipinos with successful consular processing in Canada, Turkey, & Japan are available to prove this.